Posted on 04/04/2012 6:24:43 AM PDT by Oldeconomybuyer
WASHINGTON How dare President Barack Obama brush back the Supreme Court like that?
Has this former constitutional law instructor no respect for our venerable system of checks and balances? Nah. And why should he?
This court, cosseted behind white marble pillars, out of reach of TV, accountable to no one once they give the last word, is well on its way to becoming the one of the most divisive in modern U.S. history.
It has squandered even the semi-illusion that it is the unbiased, honest guardian of the Constitution. It is run by hacks dressed up in black robes.
The Supreme Court mirrors the setup on Fox News: There are liberals who make arguments, but they are foils, in the background, trying to get in a few words before the commercials. Just as in the Senate's shameful Anita Hill-Clarence Thomas hearings, the liberals on the court focus on process and the conservatives focus on results. John Roberts Jr.'s benign beige facade is deceiving; he's a crimson partisan, simply more cloaked than the ideologically rigid and often venomous Scalia.
Now conservative justices may throw Obama's hard-won law out of those fine big windows. In 2005, Scalia was endorsing a broad interpretation of the clauses now under scrutiny from the majority. Scalia, Roberts, Thomas and Samuel Alito feel it is the province and duty of the judiciary to say "what the law is, not what it should be." But the majority's political motives are as naked as a strip-search.
(Excerpt) Read more at timesunion.com ...
KZJ rocks!!!
Someone must have messed up, driving the stake into her!
The socialist/democrat mainstream media is going on an all out campaign to intimidate the Justices to uphold the unconstitutional government healthcare.
Wayn is correct. However, with almost every decision declaring a law unconstitutional either in the decision itself or in a dissenting opinion, “hints” are made as to how the same result can be accomplished with just a little twist in approach.
It will be interesting to read the opinion in June. Right now, I agree with a number of people that believe the vote is in to at least invalidate the individual mandate but since the law lacks (purposely) a severability clause I think the initial vote is to declare the entire law invalid.
This I think explains our Pres_ent’s ill-considered, inflammatory remarks regarding the case. Whether a clerk or a sitting justice gave the White Hut a heads up would be a great find! ;-)
bm
You know she's serious when she leaves out her standard lame, three-years-too-late, pop culture references.
Normally, she'd thrill her ditzy fans by comparing Scalia to Lady Gaga or Clarence Thomas to Moms Mabley.
She's a hoot, that always freezing cat lady.
Where’s the BARF ALERT on this article??
Dear Mo,
Obamacare requires a federal database for medical records, therefore it is legislating away the only “right” established by Roe. The right to privacy between a doc and patient is legislated away by obamacare, or to put it more succinctly: ROE IS REVERSED WITH OBAMACARE
Care to re-visit your position? Is your head exploding yet? Crazy libs can’t keep track of their own preferred USSC positioins....
Toothless career threats to very intelligent people with lifetime appointments will do nothing but steel their will.
Look for a big "bite me, dick" decision, on which even a few of the libs may concur, just on principle.
I could certainly be wrong on this (and I probably am), but I have been given to understand that while Congress can’t overrule the S.C. once it renders a decision it can determine what the court is allowed to rule on beforehand.
Dowd....a never was....
The Supreme Court is being Alinskied. If the liberal justices had any respect for their position and the way the Executive Branch is going thug on their branch, they would change their vote and vote with the Conservatives against Obamacare. This would blow Obama’s cover, and show his attacks on the Supreme Court for what they really are. I am not holding my breath however. Their true religion is liberalism, and that trumps all.
Exactly.
So, supreme court rulings which overturn federal law are approximately 175 times more likely to occur than congress impeaching a supreme court justice.
I’m comfortable with those odds. I’m guessing Mr. Scalia probably is also.
In theory, yes. In fact, Jefferson did it.
Here is part of article 3:
U.S. Constitution
Article III
Section 1.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United States shall be a party;—to controversies between two or more states;—between a state and citizens of another state;—between citizens of different states;—between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The Constitution does not list such an ability among the powers of congress, so I’m going to assume they cannot do it.
Actually it does have the authority to pass legislation, not subject to judicial review, and has done so more than 100 times. The last time I recall was at the behest of the outgoing majority leader Little Tommy, they passed a special dispensation for the removal of some trees, from his property.
She can’t get over the fact that in 2000 the Supreme Court stopped Gore from stealing the election.
Federalist 78 is where Hamilton discusses good behavior. It is more about what good behavior is, not what it isn’t. He does make the point that good behavior would be the judiciary limiting congress’s propensity to violate the rights of citizens. Bad behavior would be to collude with them and them and the president to do it. That is exactly what happened in the Filburn case of 1942 . Unfortunately, if the congress is colluding with the judiciary, impeachment is unlikely.
I’m sure many of the founders weighed in on the Chase case, but O’Hare doesn’t have free wifi so I have to look later.
Will you please be so kind as to cite the Article and Section within the Constitution from which the congress derives this power?
Thank you.
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